Frear v. Lewis
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Alfred H. Lewis, from an order of the Supreme Court, made at the Kings Special Term and entered in the office of the clerk of the county of Kings on the 29th day of June, 1921, confirming the report of an official referee, denying defendant’s motion to discontinue and ordering the continuance of the action for the protection of the lien of plaintiff’s attorney and that of an assignee of part of plaintiff’s cause of action.
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Appeal by the defendant, Alfred H. Lewis, from an order of the Supreme Court, made at the Kings Special Term and entered in the office of the clerk of the county of Kings on the 29th day of June, 1921, confirming the report of an official referee, denying defendant’s motion to discontinue and ordering the continuance of the action for the protection of the lien of plaintiff’s attorney and that of an assignee of part of plaintiff’s cause of action. Order affirmed, with ten dollars costs and disbursements, upon the opinion of Hon. M. H. Hirschberg, Official Referee.
1Opinion of the Court
The following is the opinion of the official referee:
Michael H. Hirschberg, Official Referee:
The defendant Alfred H. Lewis moved at the Special Term of the Supreme Court, Kings county, Hon. James C. Van Siclen presiding, for an order discontinuing this action, without costs, on a consent to discontinuance signed by the plaintiff March 12, 1919. The discontinuance was opposed by the plaintiff’s attorney, J. Noble Hayes, as in fraud of his rights under a contingent contract for compensation for legal services performed in the action. The affidavits of the plaintiff’s daughter, Mrs. Mildred L.…
2Cases cited15 opinions
- Fischer-Hansen v. . Bklyn. Heights R.R. Co.New York Court of Appeals · 1903
- Coughlin v. . N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1877
- Randall v. . Van WagenenNew York Court of Appeals · 1889
- Andrewes v. . HaasNew York Court of Appeals · 1915
- National Exhibition Co. v. CraneNew York Court of Appeals · 1901
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3Cited by19 opinions
- County of Westchester v. Welton Becket AssociatesAppellate Division of the Supreme Court of the State of New York · 1984
- Piedmont Hotel Co. v. A. E. Nettleton Co.Appellate Division of the Supreme Court of the State of New York · 1934
- Pear v. GrahamMichigan Supreme Court · 1932
- Manufacturers Mutual Fire Insurance v. HopsonNew York Supreme Court · 1940
- State Ex Rel. Big Bend Quarry Co. v. WurdemanSupreme Court of Missouri · 1925
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